Agenda, decisions and minutes

Apologies for absence were received from Councillor Tony Durcan.

Councillors’ declarations of interest (if any) in relation to any items on the agenda.

None.

To approve the minutes of the meeting held on 7 December 2017.

RESOLVED that the minutes of the meeting held on 7 December 2017 are agreed as a correct record and signed by the Deputy Leader.

Any matters arising from the minutes of the previous meeting.

Councillor Purton, as Portfolio Holder for Environment, said that on 7 December 2017, the Cabinet was informed of which bidder had submitted the most economically advantageous tender for the provision of the Domestic Waste and recycling Collection and Allied Services contract. This bidder’s tender was accepted subject to formal contract and the conclusion of the standstill contract.

On 8 December 2017 (during the standstill period), a bidder wrote to the Council to raise concerns about the procurement process. After consideration the Council concluded that the information provided to bidders could have been clearer.  Council therefore considered that had the instructions to bidders been clearer, bidders may have submitted different bids and, as a result, the outcome of the procurement process could not be relied upon with certainty as having identified the most economically advantageous tender.

The Council has now abandoned the procurement process and will run a new one in the next few weeks. Arrangements were being put in place to ensure that service provision continues.

To receive any questions from members of the public in accordance with Rule 10 of the Council Procedure Rules.

The questions, together with the answers, are appended to the minutes.

To receive any questions from Councillors in accordance with Rule 11 of the Council Procedure Rules.

To consider any petitions that have been referred to the Cabinet under the Council’s Petition Scheme.

To note the Forward Plan, which lists all upcoming Cabinet decisions and provides notice of key decisions and those expected to be taken in private session.

RESOLVED that the Forward Plan is noted.

There have not been any decisions taken by Portfolio Holders under delegated powers since the last meeting of the Cabinet.

None.

RESOLVED that it was recommended to Full Council that:

A     The update to the Corporate Plan 2018/19, attached as Appendix A to the report, be adopted.

B    Authority be delegated to the Acting Managing Director, in consultation with the Deputy Leader of the Council, to make minor and inconsequential amendments to the Corporate Plan.

Cabinet received a report proposing a Corporate Plan for 2018/19 to 2020/21.

Proposed by Councillor Emma Toal (seconded by Councillor Mike Danvers) it was:

RESOLVED that it was recommended to Full Council that:

A     The update to the Corporate Plan 2018/19, attached as Appendix A to the report, be adopted.

B    Authority be delegated to the Acting Managing Director, in consultation with the Deputy Leader of the Council, to make minor and inconsequential amendments to the Corporate Plan.

RESOLVED that it was recommended to Full Council that:

A     That the Medium Term Financial Strategy for 2018/19 to 2020/21 be adopted.

B    That the planned Council Tax freeze for 2018/19 as set out in the Medium Term Financial Plan be approved.

C    That the proposals in relation to reserves as set out in the report at paragraphs 23 to 29 and contained within Section 8 of the Medium Term Financial Strategy be approved.

Cabinet received a report proposing a Medium Term Financial Strategy for the Council from 2018/19 to 2020/21.

Proposed by Councillor Emma Toal (seconded by Councillor Mike Danvers) it was:

RESOLVED that it was recommended to Full Council that:

A     That the Medium Term Financial Strategy for 2018/19 to 2020/21 be adopted.

B    That the planned Council Tax freeze for 2018/19 as set out in the Medium Term Financial Plan be approved.

C    That the proposals in relation to reserves as set out in the report at paragraphs 23 to 29 and contained within Section 8 of the Medium Term Financial Strategy be approved.

RESOLVED that it was recommended to Full Council that:

A     The General Fund estimates for 2018/19, as set out in Appendix A to the report, be approved.

B    The proposed transfers between the General Fund and Earmarked Reserves, referred to in paragraphs 19 and 21 of the report and set out in Appendix C to the report, be approved.

C    The proposed Fees and Charges, as set out in Appendix E to the report, be approved.

D    The Pay Policy Statement, as set out in Appendix G to the report, be approved.

E     The Council’s Band D Council Tax for 2018/19 be set at £272.28 representing a Council Tax freeze for the forthcoming year.

Cabinet received a report which set out the annual General Fund Budget for the Council. The report included a proposed freeze to the Council Tax charge.

Proposed by Councillor Emma Toal (seconded by Councillor Mike Danvers) it was:

RESOLVED that it was recommended to Full Council that:

A     The General Fund estimates for 2018/19, as set out in Appendix A to the report, be approved.

B    The proposed transfers between the General Fund and Earmarked Reserves, referred to in paragraphs 19 and 21 of the report and set out in Appendix C to the report, be approved.

C    The proposed Fees and Charges, as set out in Appendix E to the report, be approved.

D    The Pay Policy Statement, as set out in Appendix G to the report, be approved.

E     The Council’s Band D Council Tax for 2018/19 be set at £272.28 representing a Council Tax freeze for the forthcoming year.

RESOLVED that it was recommended to Full Council that:

A     The Housing Revenue Account (HRA) Business Plan, as set out in Appendix A to the report, be approved.

                    i.        The fourth bullet point of paragraph 2.4 to read “Huge housing growth potential, with space for up to 16,000 new homes in and around Harlow in the current local plan period, with the potential for more in the future within the Gilston Park development, along with a Garden Town project underway.”

                  ii.        The fifth bullet point of paragraph 2.4 to read “£250m investment in Harlow Enterprise Zone, building on Harlow’s ICT (Information and Communications Technology) and manufacturing legacy, and creating up to 5,000 new jobs.”

B    Authority be delegated to the Acting Managing Director, in consultation with the Portfolio Holder for Housing, to make minor amendments to the Plan, if necessary, following consultation.

Cabinet received a report proposing a formal update of the Council’s Housing Revenue Account Business Plan.

Proposed by Councillor Emma Toal (seconded by Councillor Mike Danvers) it was:

RESOLVED that it was recommended to Full Council that:

A     The Housing Revenue Account (HRA) Business Plan, as set out in Appendix A to the report, be approved, subject to the following amendments.

                              i.        The fourth bullet point of paragraph 2.4 to read “Huge housing growth potential, with space for up to 16,000 new homes in and around Harlow in the current local plan period, with the potential for more in the future within the Gilston Park development, along with a Garden Town project underway.”

                            ii.        The fifth bullet point of paragraph 2.4 to read “£250m investment in Harlow Enterprise Zone, building on Harlow’s ICT (Information and Communications Technology) and manufacturing legacy, and creating up to 5,000 new jobs.”

B    Authority be delegated to the Managing Director, in consultation with the Portfolio Holder for Housing, to make minor amendments to the Plan, if necessary, following consultation.

RESOLVED that it was recommended to Full Council that:

A     The rent reductions for individual dwellings as set out in paragraph 31 of the report are effective from 2 April 2018. This equates to an average weekly rent of £90.74 a statutory reduction of one percent.

B    Service charges for individual dwellings, as set out in paragraphs 23 to 30 of the report are effective from 2 April 2018 for tenants and 1 April 2018 for leaseholders. This equates to an average weekly service charge to tenants of £2.03.

C    Heating charges as set out in paragraphs 32 to 41 of the report are effective from 2 April 2018 for tenants and 1 April 2018 for leaseholders. Average weekly general needs charges are £6.53per week (leaseholders £13.60 per week, equivalent) and, for sheltered accommodation, £5.25 per week.

D    Garage rents are increased by five percent, to £9.68 per week (for a standard garage) and proportionate increases for other garages, car ports and car spaces, from 2 April 2018, as set out in paragraphs 42 and 43 of the report.

E     Housing related support charges are as set out in paragraphs 16 to 22 and Table 1 of the report be approvedfor service users effective from 1 April 2018.

F     Service charges in respect of communal window cleaning in sheltered and general needs properties and communal cleaning at Sumners Farm Close be unpooled from rent with effect from 2 April 2018, as set out in Paragraph 21 of the report.

G    Other charges set out in paragraphs 44 to 46 of the report be approved with effect from 1 April 2018.

H    The growth and savings outlined in paragraphs 49 and 50 of the report in respect of 2018/19 are approved.

I       The Housing Revenue Account (HRA) budget as set out at Appendix A to the report be approved.

J     A minimum HRA working balance will be £4 million with £2.5 million at 31 March 2018 being the minimum level and with an additional £1.5 million added as an allowance towards any additional expenditure required as a result of the Grenfell Tower Public Inquiry. The initial report is due to be published in 2018/19.

Cabinet received a report which provided a forecast of the outturn budget for the Council’s Housing Revenue Account for the current financial year, as well as a proposed budget for 2018/19.

Proposed by Councillor Emma Toal (seconded by Councillor Mike Danvers) it was:

RESOLVED that it was recommended to Full Council that:

A     The rent reductions for individual dwellings as set out in paragraph 31 of the report are effective from 2 April 2018. This equates to an average weekly rent of £90.74 a statutory reduction of one percent.

B    Service charges for individual dwellings, as set out in paragraphs 23 to 30 of the report are effective from 2 April 2018 for tenants and 1 April 2018 for leaseholders. This equates to an average weekly service charge to tenants of £2.03.

C    Heating charges as set out in paragraphs 32 to 41 of the report are effective from 2 April 2018 for tenants and 1 April 2018 for leaseholders. Average weekly general needs charges are £6.53per week (leaseholders £13.60 per week, equivalent) and, for sheltered accommodation, £5.25 per week.

D    Garage rents are increased by five percent, to £9.68 per week (for a standard garage) and proportionate increases for other garages, car ports and car spaces, from 2 April 2018, as set out in paragraphs 42 and 43 of the report.

E     Housing related support charges are as set out in paragraphs 16 to 22 and Table 1 of the report be approvedfor service users effective from 1 April 2018.

F     Service charges in respect of communal window cleaning in sheltered and general needs properties and communal cleaning at Sumners Farm Close be unpooled from rent with effect from 2 April 2018, as set out in Paragraph 21 of the report.

G    Other charges set out in paragraphs 44 to 46 of the report be approved with effect from 1 April 2018.

H    The growth and savings outlined in paragraphs 49 and 50 of the report in respect of 2018/19 are approved.

I       The Housing Revenue Account (HRA) budget as set out at Appendix A to the report be approved.

J     A minimum HRA working balance will be £4 million with £2.5 million at 31 March 2018 being the minimum level and with an additional £1.5 million added as an allowance towards any additional expenditure required as a result of the Grenfell Tower Public Inquiry. The initial report is due to be published in 2018/19.

RESOLVED that it was recommended to Full Council that:

Housing Capital Programme

A     The Housing Capital programme 2018/19 as set out in Appendices A and B to the report, be approved.

B    The forecast programme for the period 2019/20 to 2022/23, as set out in Appendices A and B to the report, be noted.

C    The Housing Capital Programme 2017/18 revised outturn of £20,777,000 be approved.

Non Housing Capital Programme

D    The Non Housing Capital Programme for 2018/19, as set out in Appendices C and D to the report, be approved.

E     The Non Housing Capital Programme forecast for 2019/20 to 2022/23, as set out in Appendices C and D to the report, be noted.

F     Aggregate borrowing of £8,510,000 up to 31 March 2018, and a further £9,785,000, in 2018/19 to be approved to support the Non Housing Capital Programme.

G    The revised Non Housing Capital Programme 2017/18, as set out in paragraphs 21 to 30 of the report, be approved.

The Cabinet received a report on the revised outturn for 2017/18, proposed programmes for 2018/19 and a forecast to 2022/23, for both housing and non housing spend.

Proposed by Councillor Emma Toal (seconded by Councillor Mike Danvers) it was:

RESOLVED that it was recommended to Full Council that:

Housing Capital Programme

A     The Housing Capital programme 2018/19 as set out in Appendices A and B to the report, be approved.

B    The forecast programme for the period 2019/20 to 2022/23, as set out in Appendices A and B to the report, be noted.

C    The Housing Capital Programme 2017/18 revised outturn of £20,777,000 be approved.

Non Housing Capital Programme

D    The Non Housing Capital Programme for 2018/19, as set out in Appendices C and D to the report, be approved.

E     The Non Housing Capital Programme forecast for 2019/20 to 2022/23, as set out in Appendices C and D to the report, be noted.

F     Aggregate borrowing of £8,510,000 up to 31 March 2018, and a further £9,785,000, in 2018/19 to be approved to support the Non Housing Capital Programme.

G    The revised Non Housing Capital Programme 2017/18, as set out in paragraphs 21 to 30 of the report, be approved.

RESOLVED that it was recommended to Full Council that:

A     The proposed revised Treasury Management Strategy Statement 2018/19 (attached as Appendix A) be approved for implementation with immediate effect, including specifically:

              i.        The Prudential Indicators (set out in Annex C of the Statement).

            ii.        The Treasury Management Indicators (set out in paragraphs 65 to 69 of the Statement).

           iii.        The Borrowing Strategy (set out in paragraphs 26 to 38).

           iv.        The Investment Strategy (set out in paragraphs 39 to 61).

            v.        The Minimum Revenue Provision Statement (Annex D of the Statement).

           vi.        The reporting arrangements (Annex E of the Statement).

Cabinet received a report proposing a Treasury Management Strategy Statement for 2018/19.

Proposed by Councillor Emma Toal (seconded by Councillor Mike Danvers) it was:

RESOLVED that it was recommended to Full Council that:

A     The proposed revised Treasury Management Strategy Statement 2018/19 (attached as Appendix A) be approved for implementation with immediate effect, including specifically:

                              i.        The Prudential Indicators (set out in Annex C of the Statement).

                            ii.        The Treasury Management Indicators (set out in paragraphs 65 to 69 of the Statement).

                           iii.        The Borrowing Strategy (set out in paragraphs 26 to 38).

                           iv.        The Investment Strategy (set out in paragraphs 39 to 61).

                            v.        The Minimum Revenue Provision Statement (Annex D of the Statement).

                           vi.        The reporting arrangements (Annex E of the Statement).

RESOLVED that it was recommended to Full Council that:

A     The Harlow Local Development Plan 2018, for the purposes of consultation under Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended) (Appendix A to the report) be published.

B    Authority be delegated to the Acting Managing Director in consultation with the Deputy Leader of the Council, and the Portfolio Holder for Environment to make and approve any minor and inconsequential amendments to the Local Plan arising from the completion of ensuing technical documents prior to formal publication.

C    Approves the Local Development Scheme (LDS) (Appendix C to the reoprt) for publication.

Cabinet received a report which proposed that the Harlow Local Development Plan 2018 was published for consultation under Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended).

Proposed by Councillor Danny Purton (seconded by Councillor Mark Wilkinson) it was:

RESOLVED that it was recommended to Full Council that:

A     The Harlow Local Development Plan 2018, for the purposes of consultation under Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended) (Appendix A to the report) be published.

B    Authority be delegated to the Acting Managing Director in consultation with the Deputy Leader of the Council, and the Portfolio Holder for Environment to make and approve any minor and inconsequential amendments to the Local Plan arising from the completion of ensuing technical documents prior to formal publication.

C    Approves the Local Development Scheme (LDS) (Appendix C to the reoprt) for publication.

RESOLVED that Cabinet:

A     Approved the draft Harlow Town Centre Issues and Options Report for the purpose of consultation under Regulation 18 of the Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended) subject to satisfactory completion of an independent sustainability assessment.

B    Delegated authority to the Acting Managing Director in consultation with the and the Portfolio Holder for Environment to make and approve any minor and inconsequential amendments to the Issues and Options report that may arise from further consultation and the sustainability appraisal.

Cabinet received a report which proposed that the Harlow Town Centre Issues and Options Report (attached as Appendix A to the report) was approved for consultation under Regulation 18 of the Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended) subject to satisfactory completion of an independent sustainability assessment.

Proposed by Councillor Danny Purton (seconded by Councillor Mike Danvers) it was:

RESOLVED that Cabinet:

A     Approved the draft Harlow Town Centre Issues and Options Report for the purpose of consultation under Regulation 18 of the Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended) subject to satisfactory completion of an independent sustainability assessment.

B    Delegated authority to the Acting Managing Director in consultation with the Portfolio Holder for Environment to make and approve any minor and inconsequential amendments to the Issues and Options report that may arise from further consultation and the sustainability appraisal.

RESOLVED that:

A     Cabinet delegated authority to the Acting Managing Director, in consultation with the Portfolio Holders for Regeneration and Enterprise, and Finance, to commence Compulsory Purchase Order (CPO) proceedings at the appropriate time to acquire the land at London Road North currently owned by Powerrapid Ltd.

Cabinet received a report which sought approval for the commencement of Compulsory Purchase Order proceedings for land in London Road.

Proposed by Councillor Emma Toal (seconded by Councillor Danny Purton) it was:

RESOLVED that:

A     Cabinet delegated authority to the Acting Managing Director, in consultation with the Portfolio Holders for Regeneration and Enterprise, and Finance, to commence Compulsory Purchase Order (CPO) proceedings at the appropriate time to acquire the land at London Road North currently owned by Powerrapid Ltd.

RESOLVED that:

A     The proposals as detailed in paragraphs 15 to 31 of the report attached as Appendix 1 be adopted.

Cabinet considered a referral from the Scrutiny Committee to make various changes to the way in which the Council dealt with sheltered housing.

Proposed by Councillor Mark Wilkinson (seconded by Councillor Waida Forman) it was:

RESOLVED that:

A     The proposals as detailed in paragraphs 15 to 31 of the report attached as Appendix 1 be adopted.

RESOLVED that:

A     A revised timeframe of 12 months from 5 December 2017 for the production of the Regeneration Strategy be approved.

Cabinet received a referral from the Cabinet Overview Working Group to revise the timeframe for producing a Regeneration Strategy.

Proposed by Councillor Emma Toal (seconded by Councillor Mark Wilkinson) it was:

RESOLVED that:

A     A revised timeframe of 12 months from 5 December 2017 for the production of the Regeneration Strategy be approved.

RESOLVED that it is recommended to Full Council that:

A     The Constitution is amended, as set out in Appendices A and B to the original report, to give authority to the Audit and Standards Committee to approve the Annual Governance Statement and Statement of Accounts.

B    The Constitution is amended, as set out in Appendix B, so that the Chair of the Audit and Standards Committee, rather than the Leader of the Council, is given the authority to sign-off the Annual Governance Statement and Statement of Accounts.

Cabinet received a referral from the Constitution Panel to alter the governance arrangements for approving the Council’s Statement of Accounts.

Proposed by Councillor Mike Danvers (seconded by Councillor Waida Forman) it was:

RESOLVED that it is recommended to Full Council that:

A     The Constitution is amended, as set out in Appendices A and B to the original report, to give authority to the Audit and Standards Committee to approve the Annual Governance Statement and Statement of Accounts.

B    The Constitution is amended, as set out in Appendix B, so that the Chair of the Audit and Standards Committee, rather than the Leader of the Council, is given the authority to sign-off the Annual Governance Statement and Statement of Accounts.

RESOLVED that it is recommended to Full Council that:

A     The Constitution is amended as set out in Appendix A to the report, subject to the following additional wording to paragraph 4a “adhering to the principle of political balance where practicable.”

B    The terms of reference of all Working Groups and Panels shall be included in the Constitution.

Cabinet received a referral from the Constitution Panel which set out amendments to the Constitution’s section of Working Groups, Parties and Panels.

Proposed by Councillor Mike Danvers (seconded by Councillor Waida Forman) it was:

RESOLVED that it is recommended to Full Council that:

A     The Constitution is amended as set out in Appendix A to the report, subject to the following additional wording to paragraph 4a “adhering to the principle of political balance where practicable.”

B    The terms of reference of all Working Groups and Panels shall be included in the Constitution.

To note the following draft minutes of Cabinet appointed bodies. Minutes remain draft until approved by the relevant body

RESOLVED that the minutes of the following meetings are noted.

To deal with any matters of an urgent nature.

None.